Ankle decisions — 2010

The Board has remanded the case due to the need for a VA examination and opinion regarding the etiology of the Veteran's bilateral ankle disability and low back disability, as well as the submission of any civilian medical records.

The Veteran's left ankle disability has been rated at 10 percent since June 15, 2009. The Board found that the evidence does not support a higher rating prior to this date or after it.

The VA determined that the Veteran's bilateral ankle disorder was not incurred or aggravated by service, and arthritis is not presumed to have been incurred in service.

The Board denied a schedular rating in excess of 20 percent for residuals of right ankle sprain, and now denies an extra-schedular rating on the basis that the current schedular rating is adequate.

The Veteran's appeal is being remanded to obtain updated VA treatment records, conduct a VA examination for his left ankle and right tibia and fibula disabilities, and provide an opinion on the etiology of his lower back disorder. The case will be re-adjudicated after these actions.

The Board has decided some issues in favor of the Veteran, including service connection for bilateral ankle disability and cystitis. The decision on hypothyroidism is pending.

The Veteran's appeal was denied as his claims for increased ratings and service connection were not supported by the evidence of record.

The Board found no evidence of a current right leg/ankle disorder other than degenerative joint disease of the right knee, and thus denied service connection for this condition.

The Board has determined that the Veteran does not have a lumbar spine disorder, sinusitis, residuals of right or left ankle sprains, or onychomycosis. Therefore, service connection for these conditions is denied.

The Board has determined that the Veteran is no longer employable due to his service-connected disabilities and, therefore, does not meet the criteria for restoration of TDIU or DEA benefits.

The Veteran's claims for increased ratings for his service-connected low back and bilateral knee disabilities, as well as radiculopathy of the right leg, were denied. The Veteran was granted a 10% rating for residuals of a sprain of the right ankle.,Service connection for radiculopathy of the left leg was also denied.

The Board has determined that the Veteran's right ankle, right knee (due to aggravation of his right ankle disability), and left ankle disabilities are related to active service. The Veteran is granted service connection for these conditions.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance has been granted due to his service-connected psychiatric disorder, which requires constant supervision.

The Board has determined that the Veteran's current right ankle disability, manifested by degenerative changes, is due to injuries sustained during his period of active service. As such, the claim for service connection is granted.

The Board has remanded the case for further development due to inadequate VA examinations and need for clarification of medical opinions.

The Veteran's claims for increased ratings for left knee osteoarthritis and post-operative residuals of a right ankle fracture were denied. The rating for surgical scar post-operative residuals of a right ankle fracture was granted to 10 percent.

The Veteran's appeal for increased ratings has been withdrawn, and the claims for cervical intervertebral disc syndrome, lumbar degenerative disc disease, right shoulder degenerative joint disease, left upper extremity radiculopathy with cubital tunnel syndrome, residuals of partial medial meniscectomy, residual spurring from ankle injury, headaches associated with discectomy and fusion, and scar have all been denied.

The Board denied all service connection claims due to lack of current diagnoses for the claimed conditions.

The Veteran's appeal is being remanded for additional development to secure the reports of any VA examinations he alleges were conducted, and for further medical opinions regarding his claimed low back disability, left ankle disability, and skin condition.

The Veteran's claims for service connection for various disabilities, including a dental disability, bilateral ankle disability, left shoulder disability, bilateral knee disability, facial rash, and left leg disability, were denied. The Board found no evidence of in-service injury or disease that resulted in current disabilities.